https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8708

In re LG aka BABY MK (Child) (Adoption Cause E002 of 2026) [2026] KEHC 8708 (KLR) (16 June 2026) (Judgment) Neutral citation: [2026] KEHC 8708 (KLR) Republic of Kenya In the High Court at Meru Adoption Cause E002 of 2026 HM Nyaga, J June 16, 2026 In the matter of TWC 1st Applicant SNK 2nd Applicant Judgment 1.By an Originating Summons dated 3rd March 2026 the Applicants herein applied for orders that they be allowed to adopt the above named child. 2.The Applicants filed all the requisite documents which include the declaration from KPPI Adoption Agency, the confidential report from the guardian ad litem. 3.The court referred the Applicant to the Children Officer who filed the requisite report, dated 28th June 2026 (sic). In a nutshell, the Applicants have been found to be socially, physically and financially fit to be appointed as adoptive parents, and that their application meets the requirements and the principles set out under the Children Act. 4.The applicants have lived with the Minor since 20th January 2024 and they have been providing for the minor ever since. They have another child but wish by this application, to expand their family. 5.When the parties appeared before me the subject was availed and appeared to be in good health. The proposed legal guardian gave an affirmation to the proposed adoption. 6.Article 53(2) of the Constitution provides as follows regarding matters involving a child:-“A child’s best interests are of paramount importance in every matter concerning the child.” 7.In addition Section 8(1) of the Children Act 2022 provides as follows:-“Best interests of the child.1.In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies— (a) the best interests of the child shall be the primary consideration.” 8.Section 194(1) (c) of the Children Act requires the court to be satisfied before making an adoption order that such an order would be in the best interest of the child. 9.Section 186 of the Act provides as to who may apply to adopt a child. It provides as follows;186.Who may apply to adopt a child.(1)The Court may make an adoption order on application by—(a)a sole applicant; or(b)two spouses jointly.(2)The Court shall not make an adoption order in any case unless—(a)the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and(b)the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child. 15.The applicants are qualified under the said section and are not excluded either by the proviso to the section. 16.Having considered the Summons, statements and Affidavit in support of summons and perused said reports filed by the Adoption Society and the County Children’s Coordinator, and all the documentation filed in support thereof, I am of the view that the Applicants have the requisite legal capacity to adoptthe child and that they understand the entire adoption process, and its future implications for them as a family and in particular, the need to provide the best for the adopted child all her life. 15.The Applicants have been found to be emotionally capable, medically fit and financially able to adopt the child herein. 16.The child herein needs parental care and guidance, food, shelter, education and clothing. The applicants have successfully demonstrated that they have the capacity as well as the material resources to raise the child in a loving home environment. 17.The Applicants has proposed JN to be appointed the legal guardian to the child. The report filed herein indicated that the proposed guardian understands his role and gave his written consent. 18.It is therefore, in my opinion, in the best interest of the children, that the Applicants be allowed to adopt the minor. 19.Therefore, I make the following orders;i.That the Applicants be and are hereby authorized to adopt the child herein (Full names to be set out in the order to be served on the Principal Registrar).ii.That the Principal Registrar is to enter this Adoption Order in the Adopted Children’s Register and to issue a certificate to that effect.iii.That the order appointing PK as the guardian ad litem is hereby revoked.iv.That JN is hereby appointed the legal guardian of the minor under section 195(1) of the Act. Dated, signed and Delivered at Meru this 16th day of June 2026.H. M. NYAGAJUDGE